TERMS AND CONDITIONS

This discover.film Terms of Service Agreement (“Agreement”) is a contract between you and discover.film (sometimes referred to as discover film – for the purposes hereof, “discover.film,” “we” or “us”). The Agreement governs your use of  “discover.film” an online platform that allows consumers like you to discover, view and interact with the short form video programs (“Short Films”) from content owners and licensors (“Producers”) through discover film websites, mobile applications, and its marketing campaigns and other embedded applications that we provide.

Notice: Section 14 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the discover.film Service, you agree that any claims you may have against discover.film relating to the discover.film Service (to be clear this can be web based, app based, or embedded in hardware such as mobile phone or TVs), must be ARBITRATED, and you waive the right to (1) assert claims against discover.film in court; (2) participate in a class action; and (3) have a jury hear your case.

   (1) Acceptance

By creating an account, viewing Short Films or other videos, making a purchase, using the discover.film website and all subdomains) or using the applications that we power, or the embedded services or otherwise visiting or using discover.film, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the discover.film Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. This Agreement was last updated on 22nd October 2020. By continuing to use the discover.film Service, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account or emailing us at customersupport @ discover.film with your name and registered email address (from the registered email address) requesting such an account deletion.

We reserve the right to suspend or terminate your account for your breach of the terms hereof. If discover.film deletes your account for breach, you may not re-register and if you are a paying subscriber you agree to forfeit any payment you have made. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 11 (Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 15 (General Provisions).

You acknowledge the following:

(i) discover.film requires high-speed Internet access. The quality of the content may differ based on your device, settings, and network quality.

(ii) Certain features, content, or Services may not be available or may be different based on the time, geographic location, device, account settings, or behaviour of our Apps;

(iii) Access to the Services may be interrupted for reasons within or beyond the control of discover.film such as general internet outages that we have no control over, and that discover.film cannot and does not guarantee you will be able to access or use the Services whenever you wish to do so; and

(iv) discover.film offers its Services in locations, times, and on platforms (such as Android, iOS, Roku, Samsung TV, Huawei) in its sole discretion, and availability may be unavailable, prohibited, revoked, or discontinued at any time.

To the fullest extent permitted under applicable law, we will not be liable for any change to or any discontinuation of the Services. You agree that no refunds, discounts, or other consideration shall be provided to you by discover.film or its partners for being unable to access the Services or part of the Services unless legally required.

  (2) Accounts

Registration: You must create an account to use certain features we offer (e.g., to view a Short Film). To do so, you must provide an email address and/or a telephone number. By creating an account, you agree to receive notices from discover.film and at the email address used to create the account and to receive push notifications and other phone based notifications that we may send from time to time.

Age Requirements: You may not create an account if you are younger than 16 years of age or if you are younger, you must have permission from a parent. By creating an account, you represent that you are at least 16 years of age or if younger, and, to the extent required by law in your local country, you have the permission of a parent or guardian to create an account and use the discover.film Service.

Parents and Guardians: By granting your child permission to use the discover.film Service through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

   (3) Privacy

Please review our Privacy Policy (https://discover.film/privacy-policy/) to learn about the information we collect from you when you use the discover.film Service, how we use it, and with whom we share it and how we are compliant with local data protection laws including GDPR.

   (4) Program Viewing and Purchase Options

The following purchase options are available in discover.film websites and applications – please note available options vary by geography and not all options may be available in your region:

• Free: you watch Short Films via our AVOD (Advertising on Demand Service).
• Subscription: For a recurring fee, you may stream the Short Films offered for an unlimited number of times during your subscription period. We may add or remove Short Films from our offering at any time.

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax or equivalent local sales tax) , to any charges. Prices and other terms of purchase are subject to change. If we provide you access to Short Films on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

All purchases, including recurring charges, are final and non-refundable.

Free trials and Discounts: From time to time we may offer free-trial or discounted subscriptions. The normal free trail period is 14 days. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If discover film provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. When we offer a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.

How to Decline Renewal: To pause or cancel a subscription, visit your account settings where you purchased the subscription (if web based on the web and if in app, in your app store account settings). Your changes will be applied to your next subscription period.

In-App Purchase: We may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform. To turn off automatic renewal for subscriptions, access your platform’s account settings (not discover.film). Any billing inquiries should be directed to the app platform.

 

   (5) Licenses and Intellectual Property

License to Short Films: Subject to the terms hereof, you have the right to stream and/or (if offered) download within the app only for your personal entertainment purposes: (iii) Short Films made available within a channel that you have subscribed to during your subscription period.

Restrictions: You may not resell streams or downloads, use any Short Film for any commercial purpose, redistribute or retransmit any Short film, publicly perform or display any Short Film, or make derivative works from any Short Film. All rights not expressly granted herein are reserved by the applicable Producer.

discover.film Service: Subject to the terms hereof, discover.film grants you permission to use the discover.film Service for the sole purpose of viewing Short Films for your personal entertainment. All rights not expressly granted by discover.film are reserved.

Discover.film Apps: If you download one of the applications that we power (an “app”) that operates on a third-party platform (e.g., iOS, Android, Roku, Amazon, Samsung TV, Huawei) (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between discover.film and the platform operator (but without creating any obligation by discover.film), discover.film shall be responsible for the apps and their content and providing any support with respect to such apps; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.

discover.film Trademark: The word “discover.film,” the discover.film logo, and other discover.film marks, graphics, and logos are trademarks of discover.film. None of the discover.film trademarks may be used, copied, downloaded, or otherwise exploited without discover.film prior written consent in each instance. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of discover.film or the owner of the marks, as applicable.

Your Content; Feedback: To the extent that you submit any written or image based content to discover.film in your profile, a comment, or forum, you grant discover.film an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to discover.film on improving our products or services, discover.film may use your suggestions without any compensation to you.

   (6) Acceptable Use Policy

We may allow you to upload, submit, or publish (collectively, to “submit“) content such as images and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. discover.film may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. discover.film may take all appropriate actions to enforce this Acceptable Use Policy including removing specific videos or suspending or removing your account.

You expressly agree that your use of the services is at your own risk. The services are provided on an “as is” and “as available” basis, to the fullest extent permitted by law, and are provided without warranties or conditions of any kind, whether express, implied, or statutory. Without limiting the foregoing, discover.film, their respective affiliates, successors and assigns, or any of their respective investors, directors, officers, employees, providers (including those who help administer a discover.film parties”) do not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, compatibility, or non-infringement; or that the services will be uninterrupted, free of viruses and other harmful components, accurate, error free, or reliable; or as to the accuracy, currency, or completeness of any information made available through the services, whether provided in video, audio, textual, graphical, or other form (the “service content”). discover.film parties do not make any representations or warranties with respect to any providers. discover.film parties are not responsible or liable for any decisions you may make in reliance on the services or service content, or for any defects or errors in the service, for your use of the apps with hardware that does not meet the minimum requirements specified by discover.film, or for your use of any version of the apps other than the most recent generally available release of such apps. You expressly agree that you are solely responsible for any damage to your property, to the fullest extent permitted by law, including your computer system or mobile device, or the loss of data, that results from use of the services.

   (7) Copyright Policy

You may only submit content for us to review and include in our app that you have the right to represent and share. Copyright owners may send discover.film a takedown notice as stated in our copyright policy if they believe discover.film is hosting infringing materials. We will, investigate all copyright claims and respond within 48 hours with our action to resolve the issue.

   (8) Code of Conduct

In using the discover.film Service, you may not:

• Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
• Act in a deceptive manner or impersonate any person or organization;
• Harass or stalk any person;
• Harm or exploit minors;
• Distribute “spam” in any form or use misleading metadata;
• Collect personal information about others;
• Access another’s account without permission;
• Engage in any unlawful activity; or
• Cause or encourage others to do any of the above.

   (9) Prohibited Technical Measures

You will not:

• Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the discover.film Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
• Submit any malicious program, script, or code;
• Submit an unreasonable number of requests to our servers; or
• Take any other actions to manipulate, interfere with, or damage the discover.film OTT Service (including any or our apps).

   (10)  Restricted Users

You may not create an account if you are a member of a terror or hate group.

   (11) Disclaimers

Your use of the discover.film service and any Short Film is at your own risk.  Discover.film provides the discover.film service on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Producers provide Short Films on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Discover.film and each producer disclaim all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the above, discover.film makes no representations or warranties concerning:

• The availability of the discover.film Service in a particular jurisdiction.
• The availability of the discover.film Service for any particular device, operating system, or browser.
• The continued support for a particular feature of the discover.film Service.
• The viewing quality of any Short Film. discover.film does not guarantee that you will be able to use the discover.film Service at all times, or view any Short Film uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
• The content of any Short Film or the suitability of any Short Film for any audience. All opinions and statements expressed by or in Short Films (or related materials) are those of the Producer and/or persons involved in the production of the Short Film, not discover.film.
• The continued availability of any Short Film or the availability of particular Short Film within a subscription channel. Short Films may be withdrawn at any time without notice.
• Any Producer’s actions or omissions with respect to your personal information.

Producers may provide links to other Producer websites or third-party websites. discover.film is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.

   (12) Limitation of Liability

To the maximum extent permitted by law, discover.film, its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including producers) shall not be liable for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses; (ii) damages relating to any dispute between you and a producer or other discover.film user; or (iii) damages exceeding the greater of usd $100 or the amounts paid by you to discover.film over the 12 months preceding the filing of your claim.

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not discover.film (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

   (13) Indemnification

You shall indemnify, defend, and hold harmless discover.film and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Short Film; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.

   (14) Arbitration Agreement; Jury Waiver; Class Action Waiver

This Section 14  sets forth a binding arbitration agreement between you and discover.film (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:

• To arbitrate all claims relating to the discover.film Service;
• To waive your right to a trial by jury; and
• To waive any right to proceed on a class basis in arbitration or otherwise.

   (14.1) Arbitration Agreement

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the discover.film Service shall be BINDING ARBITRATION pursuant to JAMS STREAMLINED ARBITRATION RULES PROCEDURES.

   (14.2)  Overview

Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and discover.film are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

   (14.3) Location of Hearing

If you are a consumer, any arbitration hearing (if any) shall take place in remotely using video conferencing with an independent arbitrator.

  (14.4) Class-Action Waiver

EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

  (14.5)  Exception for Small Claims Court Matters

Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.

  (14.6)  Binding Arbitration with Producers

To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with discover.film, you agree that any dispute with a Producer arising out of or relating to your purchase or viewing of a Producer’s Short Film shall be resolved by BINDING ARBITRATION in accordance with this Section 10.

   (15) General Provisions

Choice of Law: Any disputes relating to this Agreement or your use of the discover.film OTT Service (including website and apps and embedded services) will be governed by the laws of England.

No Waiver: The failure of discover.film (or any Producer) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties shall have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither discover.film nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labour disputes, acts of civil or military authority; governmental actions; or inability to obtain labour, material, equipment or transportation.

Entire Agreement: This Agreement incorporates by reference the discover.film, the privacy policy of discover film and Copyright Policy. Except for links to these documents, links to pages on the discover.film website or within discover.film apps or any third-party materials are for convenience only and do not form part of this Agreement.

This Agreement sets forth the entire understanding between you and discover.film concerning your use of the discover.film Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted on this page by discover.film and will apply prospectively.

   (16) Content on Discover.film

When a Short Film or another form of video content is submitted to discover.film for inclusion in one of our apps or on our websites either directly by a filmmaker or from third parties (such as distributor or sales agency) all responsibility for music and other copyright clearance sits with the film maker/third party submitting the film. When agreeing to licence content to discover.film the person/third party licensing the content warrants to discover.film that they have the right to the intellectual property of the film and that they have taken necessary steps to clear any copyright (such as music clearance) and that they have permission to film the people in the film.  In the event that you believe that any film on the discover.film app shouldn’t be being shown because of copyright or other licensing issues, please inform us via discover @discover.film with as much detail as possible about the copyright or other publishing issues. In cases of disputed content, we will review the situation within 48 hours, and if the issues can’t be resolved by discover.film within that time period, we will remove the content from our apps and websites until such time as we have concluded a full review of the facts of the relevant case.

   (17) Contact Us & Grievance Mechanism

Users from India, and the rest of the world, can reach out to the email below for grievance complaints.

Grievance office name: Emma Gold

Email: customersupport @ discover.film

If you have any complaint about any violation of these terms & conditions please contact us using the email above. We will acknowledge your complaint and reply within 3 working days.

If you have any support questions, please contact us at customersupport @ discover.film 

You must send any notices of a legal nature to us at:

Discover Film
Exchange at Somerset House
Strand
London
WC2R 1LA
United Kingdom

All legal notices must also be emailed to discover @ discover.film and you should request confirmation that notice has been received.

   (18) Additional Territory Statementsm

India
This T&C is an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics code) Rules, 2021, which mandates publishing of rules and regulations, privacy policy and terms of use for access or usage of the App. This electronic record is generated by a computer system and does not require any physical or digital signature.